Last May we posted an update about creating a board of directors and organizing the Lineberry Alliance. Currently, we are just a loose association of neighborhood organizations and HOA groups that collaborate over email, share solutions to neighborhood problems, and connect with each other to swap recommendations, recipes, babysitters, etc. It’s been a few months since you’ve had an update on the organizational efforts. It’s time to share with you a draft of our mission statement, by-laws, and announce our founding meeting to be held on Thursday March 3, 2011.
Since the update in May 2010, I’ve been working with some really smart and motivated folks from across our area, representing different neighborhoods. Danielle Simorelli, Sheryl Roberts, Chad Smith, and Sondra Beeson from Whitehurst homes, Trailwood Hills, Trailwood Springs, and Evergreen Avenue, respectively, have helped draft the mission statement and by-laws which are below.
We’ve meet several times to talk about our community, the best way to be organized, and how to move forward. All of us strongly feel that getting the draft mission statement and by-laws—to each of you for your review, input, and feedback—is a critical step in order to move forward and make progress. We want to make this group stronger and more sustainable for the stability of our collective neighborhoods.
Take a look at the drafts below. Let us know what resonates, what doesn’t make sense, and what’s left out or is unclear. You’ll have the entire month of February to review. Then, we’ll meet on Thursday March 3, 2011, to adopt the by-laws and elect the board of directors.
Thanks for your support and feedback. Use the comments on the blog so that everyone can see questions, responses, feedback, and more.
Draft Mission Statement
To build a lasting community, improve the quality of life, and to protect, preserve and enhance the existing character and neighborhood fabric of the Lineberry Alliance Community.
Article I: Definitions
- “Articles of incorporation” include amended and restated articles of incorporation and articles of merger.
- “Board” or “board of directors” means the group of natural persons vested by the Community with the management of its affairs whether or not the group is designated as directors in the articles of incorporation or by-laws.
- “By-laws” means the rules (other than the articles) adopted for the regulation or management of the affairs of the Community irrespective of the name or names by which the rules are designated.
- “Member” means a person who is defined in the Community by-laws either (i) specifically designated as a member or (ii) included in a category of persons specifically designated as members.
- “Nonprofit” means an organization intended to have no income or intended to have income none of which is distributable to its members, directors, or officers, except as permitted by the applicable North Carolina General Statutes or under any act or acts replaced thereby.
- “Vote” includes authorization by written ballot and written consent including electronic ballot and electronic consent or as established by the Board.
- The “Lineberry Alliance Community” or “Community” shall include all defined members located in the lots, streets, and other properties that lie within the boundaries set forth on the applicable map as established by the Board.
Article II: Name and Purpose
Section 1: The name of this Community shall be “Lineberry Alliance Community.”
Section 2: The purposes of this Community shall be:
- To promote and foster participation in the Community by providing a forum for discussing and addressing Community concerns;
- To protect and preserve the residential character of our Community as a family-oriented neighborhoods of owner-occupied homes;
- To serve as a focal point for maintenance and improvement of institutions and facilities serving our Community, including but not limited to, parks, schools, and public safety services, and to provide an avenue for Community social activities;
- To be a voice for our common interests by acting as a liaison with governmental bodies and with institutions, schools, and businesses in and around our neighborhood, and by working with other neighborhood and communities on common interests;
- To encourage and facilitate citizen participation in any and all issues affecting our community, including but not limited to land use, development/redevelopment, zoning changes, traffic patterns, crime prevention and awareness and street modifications; and
- To provide for the Community welfare in general and to conduct other lawful purposes not inconsistent with these By-Laws.
Section 3: This Community is and shall remain a non-profit organization and no part of the net earnings thereof shall inure to any individual member.
Section 4: This Community shall not endorse or align itself with any political party or candidate for public office.
Article III: Membership
Section 1: Membership
- Voting Members: The voting members of this Community shall consist of those persons who are at least eighteen years (18) of age and are owners of residential property in the area defined herein as the Lineberry Alliance Community and who have paid the required annual membership dues as set by the Board.
- Associate Members: Non-voting associate members of this Community shall consist of those persons who are at least eighteen years (18) of age and residents and not owners of residential property in the area defined herein by the applicable boundary map as the Lineberry Alliance Community and who have paid the required annual associate membership dues as set by the Board.
Section 2: The Board of Directors shall establish all membership dues annually.
Section 3: The boundaries of the Lineberry Alliance Community indicated on the applicable map shall be set by the Board and may be amended from time to time.
Section 4: Questions concerning eligibility and/or appeals for membership shall be presented to and decided by the Board of Directors.
Article IV: Government
Section 1: The Lineberry Alliance Community shall be governed by a Board of Directors, which may take action in the name of the Community.
Section 2: The Board of Directors shall consist of a President, Vice-President, Secretary, Treasurer, and Board Members as voted into position by the members in attendance at an annual membership meeting.
Section 3: A simple majority of the Board of Directors shall constitute a quorum for doing business. Each member of the Board shall be entitled to one vote.
Section 4: To be eligible for elected office, a person must be a voting member of the Community.
Section 5: Board of Directors members shall serve without compensation other than reimbursement of Board-approved expenditures on behalf of the Community.
Section 6: The powers and duties of the Board of Directors shall include:
- The establishment and execution of policy for the Community;
- The appointment and dissolution of all standing and other committees or chairpersons thereof. This power may be delegated to the President. Committees shall derive their direction from the Board of Directors;
- The appointment or employment of all persons or organizations to serve the Community;
- The filling of vacancies on the Board of Directors until the next Annual Meeting;
- The annual appointment of a three (3) member nominating committee, no more than two (2) of whom may be members of the Board of Directors;
- Interpretation of the By-Laws and;
- The approval of expenditures of Community funds.
Section 7: The President shall preside at all meetings of the Community and the Board of Directors and shall perform such duties as directed by the Board of Directors.
Section 8: The Vice-President(s) shall perform all duties as may be assigned by the President or Board of Directors and shall be the presiding officer in the absence of the President.
Section 9: The Secretary shall be the official custodian of all records of the Community except financial records and shall keep the minutes of the Community and Board of Directors. The Secretary may delegate authority for correspondence in the name of the Community and for required notices, and shall keep records of all such correspondence and notices.
Section 10: The Treasurer shall keep and be responsible for all financial records and funds of the Community. All funds shall be deposited in an account in the name of Lineberry Alliance Community, and shall be withdrawn only by the Treasurer or the President. All monies received shall be immediately delivered to the Treasurer, for which she or he shall give a receipt, and the Treasurer shall pay all bills. The Treasurer shall provide reports of all transactions and prepare financial statements and present them to the Board of Directors at each meeting.
Section 11: An officer or director who misses three (3) regularly scheduled consecutive meetings may forfeit their office at the discretion of the Board. That officer or director may request exception and, at the discretion of the Board by a simple majority vote, may be allowed to retain the position.
Section 12: In cases where an officer or director is accused of conduct hurtful to the Community, grossly inconsistent with the By-Laws, or inconsistent with the purposes for which the Community was organized, the officer or director may be removed from office by the affirmative vote of four (4) members of the Board of Directors. The accused officer or director shall not have a vote in such an instance.
Section 13: Persons present at an organizational meeting shall elect the first officers of the Community. Thereafter, officers and directors shall be elected at the annual membership meeting as provided herein.
Article V: Meetings
Section 1: The Annual Membership Meeting of the Community in each year shall be held during the month of March on the particular day, hour, and place determined and designated by the Board of Directors. Notice of the Annual Membership Meeting shall be given at least thirty (30) days prior to the meeting.
Section 2: Board Meetings will be held quarterly on a day, hour and place to be determined and designated by the Board of Directors. Any member is welcome to attend these meetings. Any member wishing to add an item to the Board’s agenda shall give notice in writing of the item to be discussed to the Secretary 10 days prior to the scheduled meeting.
Section 3: Ten (10) voting members shall constitute a quorum for the transaction of business at Annual Meetings. The Board shall establish procedures for the voting process.
Section 4: Each voting member shall be entitled to one vote at meetings designated for election of Board Members or changes to By-laws at which the member is present. Proxy voting will not be permitted. All elections shall be by secret ballot.
Article VI: Fiscal Year
The annual fiscal year of the Community shall be from April 1st to March 31st.
Article VII: Procedure
Roberts’ Rules of Order Newly Revised shall govern the proceedings of all meetings of the Community and Board in all cases in which they are applicable, and in which they are not inconsistent with the By-Laws or the special rules of this Community.
Article VIII: Amendments
Proposed amendments to the By-Laws shall be presented to the Board of Directors. A simple majority of the Board of Directors is required to place a proposed amendment before a meeting of the membership. A proposed amendment may be adopted and the By-Laws amended by a simple majority of the membership present at any annual or special meeting as defined by the Board.
Article IX: Dissolution
In the event that the Lineberry Alliance Community becomes inactive or dissolves, all monies in the general fund shall be distributed to a tax-exempt, Community-oriented institution or organization approved by the majority of the members of the Community at the time of dissolution.